Common use of Discipline Clause in Contracts

Discipline. 21.01 No employee shall be disciplined or discharged except for just cause. 21.02 When an employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Discipline. 21.01 No Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be disciplined terminated until such time as a Union representative may be present. Documentation of such counseling sessions or discharged except for just cause. 21.02 meetings may become a part of the employee's record. When there is a possibility that an employee is required may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to attend a meetingthe possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the purpose employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which concerns possible does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action against the employeetaken, or management returns the employee to discuss performance issues which may lead to disciplinary work. Such administrative leave or other temporary action or dischargeshall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be advised terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that he Xxxxxxxxxx meeting the appointing authority or she is entitled his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to have at his or her option, respond. Should an employee representative accompany the employee to the meeting. Where practicablebe suspended or discharged and it is later proved unjustified, the employee shall receive a minimum be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of one (1) day’s notice all other rights and conditions of such a meeting. Howeveremployment), unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to minus any moneys earned in another job or any moneys paid the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to unemployment benefits which the employee belongsis not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 21.01 No employee shall A. A bargaining unit member may be suspended with or without pay, or otherwise disciplined or discharged except for provided the Employer has just causecause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present. 21.02 When B. Demotion is an employee is required involuntary transfer to attend a meetingposition carrying a lower hourly rate. In cases of demotion, the purpose bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of which concerns possible his/her written or verbal request. C. The Board agrees to furnish written notification of disciplinary action against to the employeebargaining unit member and the Association President. D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or to discuss performance issues which without pay and discharge. It is understood that certain steps in the disciplinary sequence may lead to be omitted when the nature and severity of the offense so warrant. E. All disciplinary action or dischargetaken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be advised that he or she is entitled to additional pay. F. A bargaining unit member shall have at his or the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, an employee a representative of the Association may accompany the employee bargaining unit member at the time of said review. G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the meeting. Where practicable, the employee shall receive a minimum of one (1personnel) day’s notice file copy of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representativedocumentation. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. H. The employee shall be provided Employer will continue its practice with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which may have been placed on any NAV CANADA file of an employee shall be removed is attached to and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during incorporated into this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary actionAgreement. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Discipline. 21.01 No An initial step in the discipline process may be an investigation which may include an interview with the employee. Should such investigation result in a finding that discipline may be warranted, the following disciplinary procedure shall be followed. However, there may be circumstances that do not require an investigation. In such cases the following disciplinary procedure shall also be followed. A. The employee shall be disciplined or discharged except for just causenotified of the date and time that a pre-disciplinary hearing shall be held. Such notice shall be at least two school days in advance of the hearing date. Additionally the employee will be informed of the accusations made against him/her. 21.02 When an employee is required to attend a meeting, B. During the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or dischargehearing, the employee shall be advised that he or she is entitled to have at his or her option, will receive an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because explanation of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this disciplineaccusations and findings, including any subsequent grievance evidence of misconduct or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notificationperformance. The employee shall have the opportunity to respond. The employee is entitled to Association representation at the hearing. C. If the pre-disciplinary hearing results in discipline, the reasons for the discipline shall be provided with a copy of any document or written statement related reduced in writing and given to the disciplinary action placed on any NAV CANADA file for this employee following the hearing. Preference will be to present such document directly to the employee. 21.04 NAV CANADA agrees D. The Board may discipline an employee by issuing a written reprimand, disciplinary transfers, demotion or a suspension with or without pay which shall be reduced to writing and placed in the employee’s personnel file. However, should there be a decision not to introduce discipline an employee, no record of investigation or hearings shall be placed or noted in the employee’s file. E. The employee shall have the right to write a rebuttal which shall be placed in his/her personnel file. F. The pre-disciplinary hearing shall precede the discipline as evidence stated above except in extreme circumstances where removal from duties may need to precede such hearing. G. If the pre-disciplinary hearing results in administrative recommendation of termination of employment, the affected employee shall have the rights afforded him/her under Section 9.3 or 9.5. H. As a hearing related to form of disciplinary action, any evidence concerning the conduct board may, upon recommendation of the Superintendent, suspend an employee unless that employee has been provided without pay for a period exceeding ten (10) days. The Superintendent, with the evidence no less than two or without Board approval, may issue a suspension without pay for up to ten (210) working days prior to the date of the hearing. days. 21.05 Any document I. An employee may file a grievance for discipline involving a disciplinary transfer, demotion, or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee suspension. J. Nothing in this Article shall be removed and destroyed after two (2) years has elapsed since prevent the disciplinary action was taken, administrator/supervisor from issuing a verbal reprimand provided that no further disciplinary action has been recorded during this period. The Employer shall inform he/she gives the employee in writing of the destruction of any document or written statement related opportunity to disciplinary actionexplain. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 21.01 No employee shall be disciplined or discharged except for just cause. 21.02 When an employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence document or written statement concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date a copy of the that document or statement within a reasonable period before that hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Discipline. 21.01 No 34.01 The Employer shall not discipline nor dismiss any employee shall be disciplined or discharged who has completed their probationary period except for just cause. 21.02 When an employee is required 34.02 All employees shall be entitled prior to attend a meeting, the purpose imposition of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action any form of discipline or discharge, to be notified at a meeting with management of the reasons for considering such action. Unless the employee indicates otherwise in the presence of their full-time Union Representative or their designate and/or Shop Xxxxxxx, said employee shall be advised that he or she is entitled accompanied by their full-time Union Representative and Shop Xxxxxxx during said meeting. The date, time and location of this meeting shall be arranged for by mutual agreement between the Employer and the Union. Employees being brought in for a meeting of non-disciplinary nature shall also be given the opportunity to have at his a Shop Xxxxxxx or her optionUnion Representative present for such meeting. 34.03 The affected employee, the Shop Stewards and the Union shall be given a copy of any discipline/discharge which is to be entered on the employee's personnel file. The notice of discipline or discharge shall be given to the affected employee and Shop Stewards immediately and a copy of the discipline or discharge notice shall be mailed to the Union office within five (5) calendar days of the event. Clarifying The Issue Statements will not be used in the formulation of disciplinary or discharge action. In the event of a Clarifying The Issue Statement being presented to an employee representative accompany by a person above the employee to the meeting. Where practicablerank of Coordinator, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no or by more than one (1) working day person, the employee shall be accompanied by a Shop Xxxxxxx unless the employee indicates otherwise to the Shop Xxxxxxx. 34.04 The Employer shall remove all written disciplinary notices from the employee's personnel file after eighteen (18) calendar months from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this periodlatest infraction. The Employer shall inform not be able to use any such disciplinary notice against the employee at a later date. This time frame of eighteen (18) calendar months shall not include periods of layoff, or periods of leaves of absence without pay. In the event of disciplinary action arising from any harassment, abuse of a home-member/participant, or any other disciplinary action resulting in writing a suspension of more than three (3) days, the destruction above time limits will be extended to thirty (30) months from date of any document or written statement related to disciplinary action. 21.06 latest infraction. The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing Employer shall remove all Clarifying The Issue Statements from the ethical standards of employee's personnel file after eighteen (18) calendar months from the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities issuance. The Employer shall not be disciplined nor adversely affected as able to use any such Clarifying The Issue Statements against the employee at a result later date. This time frame of reporting the violationeighteen (18) calendar months shall not include periods of layoff, or periods of leaves of absence without pay.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Agreement, Collective Agreement

Discipline. 21.01 No 28.1 The Employer will not discipline any permanent employee shall be disciplined or discharged except for without just cause. 21.02 28.2 Discipline includes oral and written reprimands, reductions in pay, suspensions, demotions, discharges, and reductions in accrued annual leave (overtime exempt employees only), to a maximum of three (3) days per occurrence. Oral reprimands will be identified as such. 28.3 When disciplining an employee is required employee, the Employer will make a reasonable effort to attend a meetingprotect the privacy of the employee. 28.4 Only documentation maintained in the employee’s personnel file, or supervisory file, in accordance with Article 32, may be used for the purpose of which concerns possible disciplinary action against establishing a history of progressive discipline. 28.5 All agency policies regarding investigatory procedures related to alleged staff misconduct are superseded. The Employer has the authority to determine the method of conducting investigations. 28.6 Upon request, an employee has the right to a Union representative at an investigatory interview called by the Employer, if the employee reasonably 28.7 Disciplinary investigations will be processed in a timely manner. The Employer will begin the investigative process within fourteen (14) calendar days from the date it is determined that an investigation is required, and will notify the employee(s) being investigated at that time. After each subsequent thirty (30) day period, the employee, or upon request, will receive a status update of the investigation. At the conclusion of any investigation where the Employer elects not to discuss performance issues which may lead to take disciplinary action or dischargeon the employee being investigated, the employee shall will be advised provided with a notification that he or she the investigation is entitled to completed and that no discipline will be imposed on them. An employee may also have a Union representative at his or her option, an employee representative accompany the employee to the a pre-disciplinary meeting. Where practicablePre-disciplinary meetings will be offered prior to imposing reductions in pay, the employee shall receive a minimum of one (1) day’s notice of such a meetingreductions in accrued annual leave, suspensions, demotions and discharges. However, unless otherwise agreed, the meeting may be delayed Employees seeking representation are responsible for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee contacting their representative. 21.03 When an employee is 28.8 Prior to be suspended or discharged from dutyimposing discipline other than reprimands, NAV CANADA shall notify the Employer will inform the employee in writing of the reasons for that suspension contemplating discipline and provide an explanation of the evidence. The Employer will provide the Union with a copy. The employee will be provided an opportunity to respond either at a meeting scheduled by the Employer, or dischargein writing if the employee prefers. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall A pre-disciplinary meeting with the Employer will be limited considered time worked. 28.9 The Employer will provide an employee with fifteen (15) calendar days’ written notice prior to the grounds for effective date of a reduction in pay or demotion. An employee being suspended or dismissed must be notified in writing no later than one (1) day before the suspension or dismissal contained in this notification. takes place. 28.10 The employee shall be provided with a copy of any document or written statement related Employer has the authority to impose discipline, which is then subject to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence grievance procedure set forth in a hearing related to disciplinary actionArticle 30. Oral reprimands, any evidence concerning however, may be processed only through the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date Agency Head step of the hearing. grievance procedure. 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 21.01 No Section 1. An employee shall may be disciplined or discharged except placed on disciplinary probation not to exceed ninety (90) calendar days. The disciplinary probation provided herein, may be given in conjunction with any other disciplinary action for just causethe incident which resulted in disciplinary probation. 21.02 When Section 2. Upon written request from an employee is required to attend a meetingemployee, the purpose of which concerns possible City shall remove from an employee's Personnel and employing department's files, any and all disciplinary action against the employeeactions, or to discuss performance issues which may lead to disciplinary action or dischargeexcept suspension and dismissal, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day year old. All documents and materials removed from the date employee’s personnel file will be maintained by the Human Resources Director in a separate confidential file. The information maintained in such a file shall not be used to evaluate disciplinary action or be considered for eligibility for promotions, special positions or training opportunities, but may be used for human resource purposes of notification responding to appropriate record requests, including but not limited to, requests for comparator information from the Nebraska Equal Opportunity Commission or similar agency. Any documents or materials removed from any employee’s personnel file, which are required to be maintained by the records retentions requirements established by the Nebraska Secretary of State, shall also be maintained in said confidential file. Section 3. Upon being informed that an employee because has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the unavailability of an employee representative. 21.03 When an employee is accusation, provided that if after investigation the Department Head determines to be suspended or discharged from dutydismiss the employee, NAV CANADA they shall notify the employee in writing give written notice of the reasons dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for that suspension or discharge. In any subsequent procedures arising as a result of this disciplinedismissal, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of reinstated and awarded back pay for any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date portion of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to suspension time not imposed as disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will Section 4. At least three (3) business days (Monday-Friday) prior to any Section 5. If no disciplinary action is taken after an investigative suspension, the City shall remove all documentation related thereto from the employee=s personnel file. Section 6. An employee shall not be interpreted as restricting subject to disciplinary action in excess of a written reprimand on the basis of a citizen complaint about the employees conduct, unless the complaining citizen is willing to identify himself to the City and is willing to provide a written statement recounting the employees conduct. Section 7. Any disciplinary action must be initiated within six (6) months after the City becomes aware of the incident providing the basis for the disciplinary action. Section 8. In preparation for a pre-disciplinary meeting, an employee from exercising shall have the right to access his or her obligations flowing work computer and city email account to retrieve any information necessary to his or her defense. Section 9. When an employee has been disciplined or faces possible disciplinary action at a level greater than a reprimand, a designated Union officer or xxxxxxx shall be allowed to review such employee=s personnel file upon written request to the Human Resources Director (or his designated representative) and the provision of written authorization from the ethical standards of employee requesting the professional body to which the employee belongsfile review. 21.07 NAV CANADA agrees to make available to each Section 10. An employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected subject to multiple levels of discipline for the same act or offense arising from the same facts. Section 11. ADiscipline@ shall be defined as any action taken by the employer to correct or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a result pre-disciplinary meeting prior to the consideration or issuance of reporting discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination. Section 12. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be appealed to step 2 of the violationgrievance procedure. Section 13. Disciplinary actions of a reprimand may be appealed to the Human Resources Director.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 21.01 No Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be disciplined terminated until such time as a Union representative may be present. Documentation of such counseling sessions or discharged except for just cause. 21.02 meetings may become a part of the employee's record. When there is a possibility that an employee is required may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to attend a meetingthe possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the purpose employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which concerns possible does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action against the employeetaken, or management returns the employee to discuss performance issues which may lead to disciplinary work. Such administrative leave or other temporary action or dischargeshall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be advised terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that he Xxxxxxxxxx meeting the appointing authority or she is entitled his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to have at his or her option, respond. Should an employee representative accompany the employee to the meeting. Where practicablebe suspended or discharged and it is later proved unjustified, the employee shall receive a minimum be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of one (1) day’s notice all other rights and conditions of such a meeting. Howeveremployment), unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to minus any moneys earned in another job or any moneys paid the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to unemployment benefits which the employee belongsis not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 2 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 21.01 No 9.01 An employee who is discharged or suspended shall be given a reasonable opportunity to interview his/her Committeeperson in a private area designated by the Employer before leaving the Employer's premises, unless it is necessary, because of the circumstances giving rise to the suspension or discharge, to require the immediate expulsion of the employee from the plant premises. 9.02 During the probationary period, any employee shall be disciplined or considered as being employed on a trial basis, and may be discharged except where the employee is considered, in the judgement of the Employer, to be unsuitable. The discharge of a probationary employee can be based on a lesser standard than that for just causea seniority employee, and shall not be arbitrary and should generally be at the discretion of the Company. The Plant Chairperson shall be informed of discharge of probationary employees immediately. 21.02 When an 9.03 An employee who is required to attend receive a meetingwritten warning, the purpose of which concerns possible disciplinary action against the employeesuspension, or to discuss performance issues which may lead to disciplinary action or discharge, shall have their regular zone Committeeperson or their alternate zone Committeeperson in the employee absence of their regular zone Committeeperson, at any meeting held for this purpose. The Employer will provide a copy of the notice of written warning, suspension, or discharge to the employee’s Committeeperson. 9.04 In imposing discipline on a current charge, no prior infractions that occurred more than twelve (12) months previously shall be advised that he taken into account or she relied upon in any way. 9.05 When discipline (written warning, suspension and discharge) is entitled to have at his or her optionbe imposed by the Company, an it will be imposed within five working days (5) days of the infraction. Any employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed absent for no more than one (1) working day any reason from the date of notification infraction will not be considered in the five (5) working day period. Prior to the employee because issuance of any disciplinary notice the unavailability of an employee representativeCompany will notify the appropriate Committeeperson except as provided in 9.01 above. If the above time limits are not strictly adhered to, the discipline will not be imposed. The time limits may be extended if agreed to by the parties in writing within the said five working (5) day time limit. 21.03 When an employee is 9.06 The company will not administer discipline so late in the work day that a Union representative may need to stay past normal working hours. Should the discipline be suspended administered at such a time that the representative needs to stay past normal hours then that representative will be paid at the applicable overtime rate for the time spent. Article 10 - Arbitration 10.01 Where a difference arises between the parties relating to the interpretation, application or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result administration of this disciplineAgreement, including any subsequent grievance questions as to whether a matter is arbitrable, or arbitration procedureswhere an allegation is made that this Agreement has been violated, NAV CANADA either party may, after exhausting the Grievance Procedure established by this Agreement, notify the other in writing, of its desire to submit the difference or allegation to arbitration. The notice shall be limited delivered to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two other party within twenty (220) working days prior to of the reply under Step 2 and shall contain the name of the arbitrator next on the list. The party delivering the notice shall then have the responsibility of contacting the arbitrator within ten (10) days after the date of the hearingnotice to determine available dates, which will then be communicated to the other party. The parties shall then agree on a date, which is acceptable to themselves and the arbitrator within the next ten (10) working days. Failure by the party having carriage of the grievance to carry out the steps herein in a timely fashion shall mean the matter is deemed to have been settled on the basis of the last written answer of the responding party. 21.05 Any document or written statement related 10.02 As provided for in Article 10.01, the party delivering the notice to disciplinary action which may have been placed on any NAV CANADA file of an employee arbitrate shall be removed and destroyed after two (2) years has elapsed since indicate in the disciplinary action was taken, provided notice the arbitrator for that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing grievance from the ethical standards of the professional body to which the employee belongs.following list: 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto.1. Xxxxx Xxxxxxx, Q.C. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.2. Xxx Xxxxxx 3. Xxx Xxxxxxxxx 4. Xxx Xxxxxx

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 21.01 No employee shall be disciplined or discharged except for just cause. 21.02 When an employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is they are entitled to have at his or her their option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s days’ notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her their obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 21.01 No employee shall 14.01 The Company agrees that discipline should be disciplined progressive and corrective in nature and depending upon the nature of the infraction, should normally commence with a verbal warning or discharged except for just causecounseling. 21.02 14.02 The parties agree that the only forms of discipline that may be imposed upon an Employee are: verbal warning or counseling, a written warning, a formal warning, suspension and discharge. 14.03 When an employee Employee is suspended from duty or terminated, the Employer undertakes to notify the Employee in writing of the reason for such suspension or termination. The Employer shall endeavor to give such notification at the time of suspension or termination. 14.04 When an Employee is required to attend a meeting, the purpose of which concerns possible is to conduct a disciplinary action against the employee, hearing concerning him or her or to discuss performance issues which may lead to render a disciplinary action decision concerning him or dischargeher, the employee shall be advised that he or she Employee is entitled to have have, at his or her optionrequest, an employee a representative accompany of the employee to Union attend the meeting. Where practicable, the employee Employee shall receive a minimum of one (1) day’s day notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA 14.05 The Company shall notify the employee in writing local representative of the reasons for Union as soon as possible that such a suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employeetermination has occurred. 21.04 NAV CANADA 14.06 The Company agrees not to introduce as evidence in a hearing related relating to disciplinary action, action any evidence concerning document from the conduct file of an employee unless that employee has been provided with Employee the evidence no less than two (2) working days prior to content of which the date of the hearing. Employee was not aware of. 21.05 14.07 Any document or written statement related to disciplinary action action, which may have been placed on any NAV CANADA the personal file of an employee Employee, shall be removed and destroyed after two thirty (230) years months has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform . 14.08 It being understood by the employee in writing parties hereto that the Company and its Employees be subject to the authority and satisfaction of the destruction Company’s clients, the Company has the right to discharge an Employee for the following reasons: a) If an Employee is in a conflict of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from interest situation with the ethical standards client of the professional body Company; b) If an Employee is booking off shifts to which the employee belongs.work for another Company; 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise c) If an Employee is laid off for a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.continuous period exceeding twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 21.01 No employee shall be disciplined or discharged except for just cause. 21.02 When an employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee a representative of the Institute accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence document or written statement concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date a copy of the that document or statement within a reasonable period before that hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Discipline Policy and any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violationsubsequent amendments made thereto.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 21.01 No employee shall be disciplined or discharged except for just cause. 21.02 When an employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence document or written statement concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date a copy of the that document or statement within a reasonable period before that hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline. 21.01 No Section 1. An employee shall may be disciplined or discharged except placed on disciplinary probation not to exceed ninety (90) calendar days. The disciplinary probation provided herein, may be given in conjunction with any other disciplinary action for just causethe incident which resulted in disciplinary probation. 21.02 When Section 2. Upon written request from an employee is required to attend a meetingemployee, the purpose of which concerns possible City shall remove from an employee's Personnel and employing department's files, any and all disciplinary action against the employeeactions, or to discuss performance issues which may lead to disciplinary action or dischargeexcept suspension and dismissal, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day year old. All documents and materials removed from the date employee’s personnel file will be maintained by the Human Resources Director in a separate confidential file. The information maintained in such a file shall not be used to evaluate disciplinary action or be considered for eligibility for promotions, special positions or training opportunities, but may be used for human resource purposes of notification responding to appropriate record requests, including but not limited to, requests for comparator information from the Nebraska Equal Opportunity Commission or similar agency. Any documents or materials removed from any employee’s personnel file, which are required to be maintained by the records retentions requirements established by the Nebraska Secretary of State, shall also be maintained in said confidential file. Section 3. Upon being informed that an employee because has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the unavailability of an employee representative. 21.03 When an employee is accusation, provided that if after investigation the Department Head determines to be suspended or discharged from dutydismiss the employee, NAV CANADA they shall notify the employee in writing give written notice of the reasons dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for that suspension or discharge. In any subsequent procedures arising as a result of this disciplinedismissal, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of reinstated and awarded back pay for any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date portion of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to suspension time not imposed as disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will Section 4. At least three (3) business days (Monday-Friday) prior to any Section 5. If no disciplinary action is taken after an investigative suspension, the City shall remove all documentation related thereto from the employee=s personnel file. Section 6. An employee shall not be interpreted as restricting subject to disciplinary action in excess of a written reprimand on the basis of a citizen complaint about the employees conduct, unless the complaining citizen is willing to identify himself to the City and is willing to provide a written statement recounting the employees conduct. Section 7. Any disciplinary action must be initiated within six months (6) months after the City becomes aware of the incident providing the basis for the disciplinary action. Section 8. In preparation for a pre-disciplinary meeting, an employee from exercising shall have the right to access his or her obligations flowing work computer and city email account to retrieve any information necessary to his or her defense. Section 9. When an employee has been disciplined or faces possible disciplinary action at a level greater than a reprimand, a designated Union officer or xxxxxxx shall be allowed to review such employee=s personnel file upon written request to the Human Resources Director (or his designated representative) and the provision of written authorization from the ethical standards of employee requesting the professional body to which the employee belongsfile review. 21.07 NAV CANADA agrees to make available to each Section 10. An employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected subject to multiple levels of discipline for the same act or offense arising from the same facts. Section 11. ADiscipline@ shall be defined as any action taken by the employer to correct or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a result pre-disciplinary meeting prior to the consideration or issuance of reporting discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination. Section 12. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be appealed to step 2 of the violationgrievance procedure. Section 13. Disciplinary actions of a reprimand may be appealed to the Human Resources Director.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 21.01 A. No employee bargaining unit member shall be disciplined or discharged except for just cause. 21.02 When . Employees shall not be discharged or given a disciplinary suspension without first being given an employee is required opportunity to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, conference where the employee shall be advised that he or she is entitled to have at his or may give his/her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because version of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notificationevents at issue. The employee being so disciplined shall, upon request, have a Union representative present, but shall not have the right to be provided with accompanied or represented by a copy of private attorney or any document or written statement related other person other than the Union. Such a pre-suspension/discharge conference shall not be required relative to the disciplinary action placed on any NAV CANADA file for this employeeserious offenses requiring immediate action. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning B. The University may promulgate and publish work rules regulating the conduct of an employee unless that employee has been provided with bargaining unit employees and informing employees of the evidence no less than two types of conduct which shall be deemed inappropriate. Newly promulgated or amended work rules shall be sent to the Union President or his/her designee fourteen (214) working days prior to the date of they take effect. Until the hearingtime new rules are promulgated, present department rules and the enumerated offenses stated in O.R.C. §124.34 will apply. The grievance procedure shall be available if the rules are unreasonable or are applied in a discriminatory manner. 21.05 Any document C. Copies of suspension and discharge actions will be provided to the employee or written statement related mailed to the employee's address of record and mailed to the Union President or his/her designee at the time disciplinary action which may have been placed on any NAV CANADA file of an employee is taken. D. Disciplinary suspensions shall be removed for a specified number of days and destroyed after two (2) years has elapsed since holidays shall be counted as a day of suspension for this purpose. E. Suspensions and discharges may be submitted to the grievance procedure at Step 3. All other disciplinary actions may be submitted to the grievance procedure at the step at which the discipline was issued. F. Notices dealing with discipline consisting of a suspension or termination shall state the type and amount of discipline imposed, and the reasons for the disciplinary action was taken. The notice shall include any contract provision, statute, policy or work rule which the employer considers to have been violated. The Union shall receive a copy of the discipline notice at the time the notice is presented to the employee. G. Disciplinary action will be removed from the employees personnel file and will cease to have any force or effect in compliance with the following schedule, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing has no intervening discipline while current discipline remains active. If an employee has intervening discipline during the time period that formal discipline remains active, the time of the destruction of any document or written statement related to disciplinary actionnew discipline shall extend the old discipline with it until the new discipline expires: 1. Verbal and Written reprimand twelve (12) months. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs2. Suspension twenty four (24) months. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline. 21.01 No Section 1. An employee shall may be disciplined or discharged except placed on disciplinary probation not to exceed ninety (90) calendar days. The disciplinary probation provided herein, may be given in conjunction with any other disciplinary action for just causethe incident which resulted in disciplinary probation. 21.02 When Section 2. Upon written request from an employee is required to attend a meetingemployee, the purpose of which concerns possible City shall remove from an employee's Personnel and employing department's files, any and all disciplinary action against the employeeactions, or to discuss performance issues which may lead to disciplinary action or dischargeexcept suspension and dismissal, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from year old. Section 3. Upon being informed that an employee has been accused of behavior which, if substantiated, would be cause for dismissal, the date Department Head shall have the option of notification suspending an employee without pay for a period not to exceed thirty (30) calendar days for the employee because purpose of investigation of the unavailability of an employee representative. 21.03 When an employee is accusation, provided that if after investigation the Department Head determines to be suspended or discharged from dutydismiss the employee, NAV CANADA they shall notify the employee in writing give written notice of the reasons dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for that suspension or discharge. In any subsequent procedures arising as a result of this disciplinedismissal, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy reinstated and awarded back pay for any portion of any document or written statement related to the suspension time not imposed as disciplinary action placed on any NAV CANADA file for this employeeaction. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than Section 4. At least two (2) working days prior to any pre-disciplinary meeting, the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed provided written notice which sets forth an explanation of the nature of the allegations against the employee and destroyed after two (2) years has elapsed since a detailed explanation of the evidence in the possession of the City supporting such allegations. Section 5. If no disciplinary action was takenis taken after an investigative suspension, provided that no further the City shall remove all documentation related thereto from the employee’s personnel file. Section 6. Any disciplinary action has been recorded during this period. The Employer shall inform must be initiated within one (1) year after the employee in writing City becomes aware of the destruction of any document or written statement related to incident providing the basis for the disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting Section 7. In preparation for a pre-disciplinary meeting, an employee from exercising shall have the right to access his or her obligations flowing work computer and city email account to retrieve any information necessary to his or her defense. Section 8. When an employee has been disciplined or faces possible disciplinary action at a level greater than a reprimand, a designated Union officer or xxxxxxx shall be allowed to review such employee’s personnel file upon written request to the Personnel Director (or his designated representative) and the provision of written authorization from the ethical standards of employee requesting the professional body to which the employee belongsfile review. 21.07 NAV CANADA agrees to make available to each Section 9. An employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result subject to multiple levels of reporting discipline for the violationsame act or offense arising from the same facts.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 No employee A. The Employer will discipline for just cause only. Discipline will be in one or more of the following fo1ms: 1. Oral Reprimand 2. Written Reprimand 3. Suspension 4. Demotion 5. Discharge B. Notices of suspension, demotions, and discharges will be in written form and will state the reason(s) for the action taken. Suspensions will set forth the time period for which the suspensions shall be disciplined or discharged except for just cause. 21.02 When an effective. Demotions will state the classification to which the employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notificationdemoted. The employee Union shall be provided with a copy of any document or written statement related each such notice. C. Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. The employee will receive a copy of such reprimands and/or notices. Written reprimands will be purged from the employee's personnel file and be of no effect five (5) years after the date of which the employee acknowledged the reprimand on condition that there arn no other similar instances relating to the disciplinary action placed on any NAV CANADA file for this employeeissue that resulted in the initial written reprimand. 21.04 NAV CANADA agrees D. No employee in the certified unit will be questioned concerning an investigation of disciplinaiy action pertaining to their actions unless the employee being investigated has been given an opportunity to have a Union Representative present at such questioning. An employee shall not be deemed to introduce as evidence have waived this right unless such waiver is in a hearing related to disciplinary action, any evidence concerning writing and signed and dated by the conduct employee. If during the course of questioning an employee unless that raises suspicion about themselves or othe1wise becomeg the subject of investigation, questioning will immediately cease until the employee is given opportunity to have a Union Representative present. Additionally, if an employee has been provided with or develops a reasonable belief that discipline or other adverse consequences may result from what he or she says, the evidence no less employee has the right to request Union representation and questioning will inunediately cease until the employee is given opportunity to have a Union Representative present. E. Employees may not be snspended without pay for more than two thirty (230) working days prior in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. F. Employees may examine their own individual personnel files pursuant to M.S. Chapter 13, the date Government Data Practice Act. G. Grievances relating to discharge may be initiated by Union in Step 3 of the hearing. grievance procedure. 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 No employee shall (a) The parties agree that discipline is a management right that has not been abridged except as outlined in this Article. Discipline may be disciplined or discharged except imposed only for just cause,as authorized in D.C. Official Code 1-616.51. 21.02 When 2. Any employee who is engaged in either investigating or proposing corrective or adverse action on 1. Corrective Action - A PD 750, a letter of prejudice, and an employee is required to attend a meetingofficial reprimand. 2. Adverse Action - any fine, the purpose of which concerns possible disciplinary action against the employeesuspension, removal from service, or any reduction of rank or pay of any employee who is not serving a probationary period. Section 3 An employee against whom corrective action is has the right to discuss performance issues which may lead contest the action through Step 2 of the Grievance Procedure, beginning at the appropriate step and such action will not be subject to disciplinary further appeal nor arbitration. Section 4 The Chief of Police or designee shall take adverse action or dischargeafter providing the employee with Written notification of the charges and proposed action and after providing the employee with (15) business days to submit a written response to the charges. In the event the Department proposes termination, the employee shall be advised that he or she is entitled have twenty-one (21) business days to have at his or submit his/her option, an employee representative accompany the employee to the meetingresponse. Where practicableIn his/her response, the employee shall receive also indicate whether desires a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to Departmental hearing. Section 5 If the employee because elects to have a Departmental hearing, shall be entitled to be represented by an attorney licensed-to in the District of the unavailability of an employee Columbia or by a Union representative. 21.03 When an Section 6 The employee shall be given a written decision and the reasons therefore no later than fifty-five (55) business days after the date the employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee notified in writing of the reasons for that suspension charges or discharge. In any subsequent procedures arising as the date the employee elects to have a result departmental hearing, where applicable, except that: (a) when an employee requests and is granted a postponement or continuance of this disciplinea scheduled hearing, including any subsequent grievance or arbitration procedures, NAV CANADA the fifty-file (55) business-day time limit shall be limited to extended by the grounds length of the delay or continuance, as well a the number of business days consumed by the hearing; when the employee requests and is granted extension of the time allotted for suspension or dismissal contained in this notification. The employee answering the notice of proposed action, the fifty-five (55) business-day time limit shall be provided with a copy of any document or written statement related to extended by the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date length of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file extension of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.time; and

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 A. No employee shall be disciplined or discharged except for without just cause. Notwithstanding, the foregoing, new employees in an initial probationary period may be dismissed without GVA establishing just cause. 21.02 When an B. Disciplinary action shall be limited to the following: verbal warnings, written warnings, written reprimand, suspensions and discharge. The principles of progressive discipline shall be followed. The only exception is that any employee that is required found to attend have caused abuse, neglect or exploitation to a meeting, the purpose of which concerns possible client/resident or co-worker may be subject to immediate dismissal. C. Every disciplinary action against will be discussed with the employee and a record of the discipline will be made a part of the employee's personnel file. In cases of a suspension or a discharge from employment, or prior to discuss performance issues which may lead to disciplinary action or discharge, meeting with the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA GVA shall notify the employee in writing of the reasons conduct for that suspension or dischargewhich disciplinary action is being imposed and of the disciplinary action to be taken. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA Such written notification shall be limited 48 hours in advance of the disciplinary meeting, unless the employee agrees to waive the 48 hours of notice. D. At such meeting, the employee shall have the opportunity to respond to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy conduct of any document or written statement related which they were deemed to have committed and to the disciplinary action placed on any NAV CANADA file for this employeeto be taken. The employee will be entitled to have union representation present during the meeting if they request union representation to the union. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct E. The employer shall be responsible for removing records of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee warnings and preventable accident reports shall be removed and destroyed from personnel files after two (2) years has elapsed since from the disciplinary action was taken, date of the occurrence provided that the employee has had no further disciplinary action has been recorded during this period. since that date. F. The Employer employer shall inform be responsible for removing records of suspensions, which shall be removed from personnel files after five (5) years from the date of the occurrence provided that the employee in writing has had no further disciplinary action since that date. However, records of the destruction of any document disciplinary suspensions resulting from consumer abuse, neglect, exploitation or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities mistreatment shall not be disciplined nor adversely affected as removed from the personnel file. GVA may use non-disciplinary written counselings at its sole discretion to address issues that GVA feels do not rise to a result level requiring discipline but still require attention. Upon the request of reporting the violationemployee, records of counselings shall be removed from the personnel file after one (1) year from the date of the occurrence provided that the employee has had no related disciplinary action since that date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 No A claim by a seniority employee that the employee has been unjustly discharged. shall be as a grievance if a written statement of such grievance is with the Superintendent of Employee Services within three working days after the discharge. Such special grievance shall be dealt at Step 2 and the balance of the grievance Such three working day time limit shall be extended only where it is physically impossible for the to comply, for example, the employee is to jail. or ‘hospital.. In no event shall such extension exceed seven working a total of ten working days from date of discharge. A by a seniority that the employee has been disciplined shall be as if a written statement such grievance is lodged at Step 1 of the Grievance Procedure! and conforms to the requirements to Article IX. the parties agree should board determine that an employee has been unjustly disciplined or discharged except such employee be reinstated in the former position, without loss of seniority, and shall be compensated for just cause. 21.02 When an employee is required to attend a meetingall straight time wages less any monies which the earned or reasonably have earned, in the purpose of which concerns possible disciplinary action against the employeeinterim, or to discuss performance issues any other decision which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meetingjust and equitable in circumstances. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The - - employee shall be provided in writing with any notation of derogatory or disciplinary action which is to be placed on the employee’s employment record. Such notice shall be given to the employee within seven calendar days of the discovery of the occurrence rise to the action and such notice will be acknowledged by the employee by receipt. The Xxxxxxx present sign as witness receive a copy of any document or the document, Any written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of communication with an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document concerning derogatory or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years from employee’s file there has elapsed since the disciplinary action was taken, provided that been no further disciplinary action has been recorded during incident with said employee after a period of ‘two years, - - The Union undertakes and agrees that while this period. The Employer Agreement is in operation neither the nor any employee shall inform take part in, or encourage any strike, picketing, slowdown, or any suspension of, or stoppage of, or interference with work or production against the employee Board which in writing any affect the operations of the destruction of Board, nor shall there be any document sympathy strikes or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct and the Board agrees that it will not be interpreted as restricting an employee from exercising his or her obligations flowing from in any lockout during the ethical standards term of the professional body to which the employee belongsthis Agreement. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 21.01 No employee An Employee who has completed his probationary period shall not be disciplined by suspension without pay or discharged by discharge except for just cause. 21.02 . When an employee Employee is required to attend a meetingmeeting where a disciplinary decision concerning him is to be taken by the Employer, or a Representative of the Employer, the purpose Employee is entitled to have, at this request, a Representative of which concerns possible disciplinary action against the employee, Alliance attend the meeting. The Employer will advise each Employee of any written reprimand placed on his file. A copy of any reprimand to be sent to the Union. Any Employee so reprimanded may his in conformity with the provisions of the Grievance Procedure outlined in Where an Employee is disciplinedby suspension without pay or to discuss performance issues which may lead to disciplinary action or by discharge, the employee Employer, within two (2) working days of such disciplinary advise the Alliance of such suspension or in writing. Where it is determined that an Employee has been disciplined by suspension without pay or by discharge in violation of Clause the Employee shall be advised that reinstated in his position without loss of seniority or accrued benefits including ail benefits and salary he or she is entitled to have at his or her option, an employee representative accompany earned during the employee to the meeting. Where practicable, the employee shall receive a minimum period of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result the file of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related hewing any document an Employee, the existence of the Employee not of at the time of filing. Any letter of reprimand or a relating to disciplinary action, any evidence concerning the conduct of an employee unless Employee, which disciplinary was not taken will not be introduced as evidence in a hearing after a period of twenty-four (24) from Of filing. The Employer shall ensure that employee has been provided with the evidence no less personal of every Employee' kept confidential. It is not the practice to disclose personal information, other than two (2) working days confirmation of employment, concerning an to creditors, banks, bureaus, or similar organizations without the expressed prior to the date and consent of the hearingEmployee concerned. . 21.05 Any document A full-time Representative or Staff Officer of the Alliance shall have access to an Employee's file providing that the Employee in question has given his written statement related permission to release information a specific case. Upon written request of Employee, the personnel of that Employee be made available at least once per year for his examination in the presence of an authorized Representative of the Employer. At the request of the Employee, documents, letters relating to disciplinary action which may have been placed on any NAV CANADA placedon file of an employee shall will be removed and destroyed after two (2) years has elapsed since the disciplinary action was takenyears, provided that providing no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary actionrecorded. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 21.01 No employee 801 Except as hereinafter provided, employees shall not be disciplined or discharged dismissed except for just cause. 21.02 When . The Employer may dismiss without just cause employees serving probationary periods. If an employee is required to attend a meetingdismissed during their probationary period, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee Union shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that the dismissal. 802 Reprimands, suspensions and dismissals shall be registered in writing and a copy submitted to the secretary of the Union. As per the Corporate Policy for Discipline, the disciplinary process shall include any of the following action: oral reprimand, written reprimand, suspension, demotion or dismissal. 803 The City will provide a leave of absence without pay to an employee who has their driver’s license suspended and is awaiting a decision by the Driver’s Appeal Board for a working permit. If an employee is operating a City vehicle without having a valid driver’s license or while driving under the influence of alcohol, illicit or illegal drugs then the employee will be dismissed. For the purpose of this clause suspensions will not mean any temporary suspension of driving privileges as pursuant to Section 265(6) of the Highway Traffic Act. The Operator may make use of Banked Statutory or dischargeVacation Days or take a leave of absence (without pay) for time required. 804 Disciplinary documents on an employee file shall be removed after one (1) year from the date the discipline was issued except in cases where such documents are part of a cumulative record or in circumstances where a suspension of five (5) days or longer is imposed. In any subsequent procedures arising as the latter cases, such documents will be retained on the employee file for two (2) years from the date of the discipline unless Provincial legislation regulates otherwise. 805 Disciplinary action must be applied within ten (10) working days from the conclusion of the investigation. Employees missing time pending investigation may be suspended with pay. In the event the employee is unavailable due to absence from work, the ten (10) day requirement is waived until the employee returns to work, or until a result time mutually agreed to by the parties. 806 All employees shall have the right to see their employee file in the presence of this disciplinea Human Resource’s employee at a mutually agreed upon time. If requested, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall employees will be provided with a copy of any document or written statement documentation related to discipline at no cost to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Working Agreement

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Discipline. 21.01 No Disciplinary action shall include the following: Oral reprimand Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's dis­cretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be disciplined terminated until such time as a Union representative may be present. Documentation of such counseling sessions or discharged except for just cause. 21.02 meetings may become a part of the employee's record. When there is a possibility that an employee is required may be disciplined with a written reprimand, suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to attend a meetingthe possible discipline or within fifteen (15) days of when the State first had knowledge of the incident. The provisions of this sec­tion are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. When the possibility exists that serious disciplinary actions (suspensions, demotions, discharge) or allegations of client/patient/inmate/student abuse will occur, the purpose State must, providing that the em­ployee involved has completed his/her initial pro­bationary period or extension thereof, hold a disci­pline hearing. The employee involved, if he/she so chooses, shall be entitled to representation by a Union representative. In alleged matters of client/patient/inmate/student abuse, administrative leave or other temporary action may be taken to protect the residents, inmates, students until said hearing can be held which concerns possible does not result in a loss of pay for the employee involved. Such action shall not consti­tute discipline under this Article. Said hearing will be held prior to any disciplinary action against being taken. In the employee, or to discuss performance issues which may lead to event the disciplinary action or dischargehearing involves allegations of client/patient/inmate/student abuse and the allegations are substantiated, the employee shall be advised terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given no­tice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being im­posed and the action to be taken shall be specified in a written no­tice. Any employee re­­­ceiv­ing a no­tice of suspension, demotion, or dismis­sal will be afforded an opportunity to meet with the appointing authority or his/her rep­resen­tative prior to the action proposed. A Union representa­­­tive/xxxxxxx may be present. At that he meeting the appointing authority or she is entitled his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to have at his or her option, respond. Should an employee representative accompany the employee to the meeting. Where practicablebe suspended or discharged and it is later proved unjustified, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification reinstated to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce em­ployee as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to unemployment benefits which the employee belongsis not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitra­tion Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file. Records may be removed by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 No 8.01 An employee shall who has acquired seniority pursuant to this Agreement may grieve any discipline or discharge that she believes to be disciplined or discharged except contrary to the provisions of this Agreement. The employer may terminate probationary employees for just cause. 21.02 When an employee 8.02 In reference to Article 8.01, it is required understood and agreed that the standard of "just cause" as applied to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the probationary employee shall be advised that he or she is entitled to have at his or her optiona lesser standard based on a bona fide assessment of the employee’s demonstrated suitability for ongoing employment, an employee representative accompany the employee including without, excellent interpersonal skills in dealing with other staff, children and family members, clear communication skills, programming creativity, professionalism, knowledge of regulations related to the meeting. Where practicableposition, the employee shall receive failure to pass or cooperate in relation to a minimum of one (1) day’s notice of such a meeting. Howevercriminal reference inquiry, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification and other bona fide criteria in relation to the employee because position in question. The parties agree that the jurisdiction of the unavailability Arbitrator in the case of a release or termination of an employee representativeduring or at the end of his/her probationary period shall be limited to the question of whether the Daycare made a bona fide decision to terminate or release the employee. 21.03 When 8.03 If an employee is to be suspended disciplined, suspended, or discharged from dutyterminated, NAV CANADA the Xxxxxxx shall notify the employee in writing be present and if not available, a member of the reasons for that suspension or discharge. In any subsequent procedures arising as a result Bargaining Unit of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA the employee’s choice shall be limited to the grounds for suspension or dismissal contained in this notificationpresent. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer Daycare shall inform the employee of this right. 8.04 A copy of any recorded discipline will be given to the Union Xxxxxxx and signed for the sole purpose of acknowledging receipt. 8.05 Except for the imposition of discipline concerning an issue of child safety, for the purposes of imposing discipline on an employee, the Daycare may not rely on an employee’s previous record of discipline after the employee has worked eighteen (18) consecutive months without like or similar discipline. 8.06 The Employer agrees upon discovering a matter that may be the subject of disciplines to deal with the matter in writing an expeditious manner. Failure to do so within ten (10) working days from the time the Daycare became aware of the destruction of any document or written statement related to disciplinary actioncircumstances will render the discipline void. 21.06 8.07 The NAV CANADA Code of Business Conduct will not parties understand and agree that Article 8.06 requires the employer to commence dealing with a matter that may be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards subject to discipline within 10 working days after it became aware of the professional body circumstances in question. It does not impose a condition or an obligation on the employer to which complete its investigation or render a disciplinary determination within 10 days of becoming aware of the employee belongscircumstances in question. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 21.01 No 7.01 When a disciplinary notation, including suspension is placed against the record of an employee, notice of such notation will be given to the employee who may treat the same as a grievance and proceed accordingly: a) A disciplinary notation must be issued to the employee involved within seven (7) calendar days after the facts giving rise to the disciplinary notation became known or ought to be known to the Employer, failing which such disciplinary notation shall not be disciplined or discharged except used for just cause. 21.02 When an employee is required to attend a meeting, the purpose of which concerns possible taking disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreedat the request of the Employer, the meeting may be delayed Union will grant the Employer an extension of up to five (5) calendar days. b) Such notation will remain against the record of an employee for no more than one twelve (112) working day months from the date of notification the disciplinary notation, at the end of which time, such notation will not be used against him/her in any manner. c) When the Employer suspends an employee for more than three (3) working days, the Employer will delay the days on which the suspension will be served for a minimum of three (3) calendar days to allow the Employer and the Union to investigate and make representation. This shall not apply where the nature of the cause of the discipline warrants the immediate removal of the employee because of from the unavailability of an employee representativeplant. 21.03 7.02 A Union Representative will be present during disciplinary investigation interviews which could lead to discipline of seniority employees. An employee called in to be disciplined will have a committeeperson or alternate committeeperson present and included in the meeting. In the event that the employee is not present on the shift on which a disciplinary notation is to be issued, an extension will automatically be granted until the employee’s next scheduled shift on which he/she is present. When there is not a committeeperson or alternate committeeperson on the Employer premises at the time, an extension is understood to have been granted by the Union until the employee’s next scheduled shift, when the Employer and a committeeperson or alternate committeeperson is present. 7.03 When an employee is has been dismissed or suspended on the Employer premises, the employee will be advised that he/she may interview his/her committeeperson in private for a reasonable period of time before leaving the plant premises. If the circumstances warrant the immediate removal of the employee from the plant, arrangements will be made, and made known to be the Employer by the committeeperson, to meet on premises for a reasonable amount of time, at some later time, not to exceed twenty-four (24) hours from the time the employee was removed from the plant. 7.04 When an employee has been suspended or discharged from dutydischarged, NAV CANADA shall notify he/she and the employee committeeperson or alternate committeeperson present in writing the meeting will be given a copy of the reasons for letter issued at the time discipline is imposed. 7.05 A complaint by a seniority employee that he/she has been unjustly suspended or unjustly discharged, or by a probationary employee that his or her discharge was arbitrary, discriminatory, or in bad faith, will be treated as a special grievance and must be filed, in writing, with the Director of Human Resources, or his/her designate, within five (5) calendar days after the suspension or discharge. In any subsequent procedures arising After the grievance has been filed, as a result of this disciplineaforesaid, including any subsequent the grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided dealt with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date at Step 3 of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee grievance procedure prescribed in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.sub-article

Appears in 1 contract

Samples: Collective Agreement

Discipline. 21.01 (This section does not apply to employees eligible for tenure) A. No non-teaching employee shall be discharged or disciplined for reasons that are arbitrary or discharged capricious except for just causethose itinerants per memorandum of agreement attached. Progressive discipline, i.e., a) reprimand, b) suspension, and c) discharge shall generally apply. The severity of the infraction may result in the skipping of steps of progressive discipline. 21.02 When B. Any employee who is not subject to the teacher tenure laws of the State of Michigan shall not be discharged without having been given the opportunity to have a hearing pursuant to the following procedure: 1. Any time an employee is required to attend a meetingbe discharged, the purpose of which concerns possible disciplinary action against the employeeBoard, or its designee, shall furnish in writing the specific reasons therefore; 2. The employee may request a conference regarding said notice with his/her immediate supervisor and said conference shall take place within five (5) days after said request is made. The Employee shall have the right to discuss performance issues have an association representative of his/her choosing present during said conference; 3. If the employee does not desire to have a conference, she/he may request the Superintendent to schedule a hearing concerning said discharge before the Board within twenty (20) days. Said hearing shall take place within fifteen ( 15) days from the date of said request, which is to be made in writing At said hearing the employee may lead be represented by counsel, may present witnesses or documents on their own behalf, and may cross examine the witnesses proceeded by the Board. Evidence at said hearing may be transcribed by any means which would accurately reduce the proceedings to disciplinary action a record which could be preserved, provided both the Board and the employee so agree. The employee may request that this hearing be public or dischargekept private, at his/her option. Within ten (10) days from the date the Board concludes said hearing, the employee shall be advised notified of the decision which shall l i k e w i s e be in writing specifying the reasons thereof The decision when made shall be based upon the evidence produced at said hearing. 4. The Board's decision shall be reviewable by an arbitrator. Said arbitrator is to be selected in accordance with the rules of the American Arbitration Association, with the rules and practices of said Association to govern said arbitration hearing. Provided, however, that he or she is entitled any decision of the Board that has been subject to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one request for review within thirty (130) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day days from the date of notification posting said decision in the mail addressed to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA at his/her last known address shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employeefinal and conclusive. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Master Agreement

Discipline. 21.01 No employee For the purposes of this Agreement, “discipline” shall be disciplined or discharged except include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for just cause. 21.02 When an employee is required to attend a meeting, the purpose of which concerns possible disciplinary action against discipline. All of the above must be recorded in the employee’s personnel file, with respect to oral and written warnings, for a maximum of twelve months date of issue provided the employee has not received a warning or disciplinary notice for-the same or similar offence within the twelve month period; with respect to discuss performance issues which may lead suspensions, for a maximum of fifteen months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen month period. Such warnings and disciplinary notices shall be issued not later than seven calendar days after the incident or occurrence giving rise to the warning or disciplinary notice comes to the knowledge of the Employer. A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President of the Union within seven working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative. In the event any employee is discharged or disciplined, the Union shall be notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five calendar days of the imposition of such discipline or discharge. Whenever a suspension of a defined duration is imposed, it will not be put into effect until the employee grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted. ARTICLE ARBITRATION Any grievance which has not been settled under the grievance procedure may be referred to arbitration in accordance with the procedure and time limit set forth in Article If no such notice is given in accordance with the procedure and time limit set forth in Article the grievance shall be advised that he or she is entitled deemed to have at his been settled or her option, an employee representative accompany the employee to the meetingwithdrawn. Where practicable, the employee shall receive a minimum of one (1) dayThe Union’s notice of such a meetingintention to proceed to arbitration shall contain the name and address of its appointee to the Board of Arbitration. However, unless otherwise agreedwithin nine calendar days thereafter, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA Employer shall notify the employee in writing Union of the reasons name and address of its appointee to the Board of Arbitration. If the two appointees are unable to agree upon a chairperson within fourteen calendar days thereafter, either party may request the ministry of Labour for that suspension the Province of Ontario to appoint a chairperson. No person shall be appointed to the Board of Arbitration who has been involved in an attempt to negotiate or dischargesettle the grievance. In any subsequent procedures arising as a result Each of the parties shall bear the expense of the arbitrator appointed by it, and the parties shall equally bear the expenses and fees of the chairperson of the arbitration board. The Board of Arbitration has no power to alter, modify, amend or add to the provisions of this discipline, including Agreement or to make any subsequent grievance or arbitration procedures, NAV CANADA decision inconsistent with the terms of this Agreement. The decision of the majority of the Board of Arbitration shall be limited to final and binding upon the grounds for suspension parties hereto and upon any employee or dismissal contained in this notificationemployees affected by it. The employee shall be provided with a copy of any document or written statement related to If there is no majority -decision, the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date decision of the hearingchairperson shall govern. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.ARTICLE NO STRIKES OR LOCKOUTS

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 No employee shall A. Employees covered by this Agreement may be disciplined or discharged except only for just cause. The parties agree that, in general, a progressive discipline policy shall be followed utilizing the disciplinary methods permitted by the Personnel Law, provided, however, that the parties also understand and agree that in some instances summary discipline, including discharge, may be warranted instead of progressive discipline. If the Employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee in front of other employees or the public. 21.02 B. If in any case the Employer believes that there is just cause to discharge, suspend or fine an employee, or cause the employee to forfeit accrued annual leave, the Employer shall provide notice in writing to both the employee and PCEA (both the President and the Grievance Committee Chairperson) of its intent to take disciplinary action at least ten (10) working days in advance of taking such action. One (1) copy of a notice of intent to take disciplinary action shall be hand- delivered to the employee's work station (if possible, hand-delivered to the employee), and another copy of the notice shall also be sent to the employee by certified mail return receipt requested at the employee's last known address shown on the employee's personnel record. The Employer shall make reasonable attempts to hand deliver the notice referred to herein to the employee before sending such notice by mail. The notice will be considered to have been served upon the employee as of the date of mailing. The employee shall have ten (10) working days to respond to the proposed notice of intent to take disciplinary action. When a notice of intent is served while an employee is on approved sick or annual leave or scheduled day off, the ten (10) day period the employee has to respond will begin to run when the employee returns to work. The Employer shall also provide the PCEA President a copy of any Final Notice of Disciplinary Action at the time it is issued to an employee. The copy to the PCEA President may be delivered via electronic mail. C. When an employee is to be disciplined in a manner which involves a discussion or some other event other than the delivery of the written notice of discipline, or is to be the subject of an investigatory interview or other meeting which may result in discipline, he/she shall be informed in writing at least five (5) working days prior to the start of the interview (1) of the name, rank or title, and command of the officer or supervisor in charge of the investigation, of the officer or supervisor conducting the interview and the nature of the investigation and (2) of his/her right to have present, upon request, a PCEA representative or other person of his/her choice. The scheduled interview date may be extended by mutual consent of the Employer and employee/PCEA representative. Any agreements to extend the scheduled interview shall automatically extend the ninety (90) daytime period set forth in Section I of this Article by the same number of days the interview was extended beyond the initial date. However, if an immediate interview is required to attend a meetingand the designated PCEA representative is unavailable, the purpose of which concerns possible disciplinary action against employee may select another PCEA representative who can be present during the employee, investigatory interview. D. The PCEA representative or to discuss performance issues which may lead to disciplinary action or discharge, other person selected by the employee shall be advised that he present at all times during the interview or she is entitled discussion unless waived by the employee. All questions directed to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of be asked by one (1) day’s interviewer. E. An investigatory interview shall take place at the office of the investigator conducting the investigation and shall be conducted during the employee's normal working hours unless otherwise agreed to by the employee. Employees shall be provided copies of all documents signed by the employee within twenty-four (24) hours of signing. F. Where an employee is interviewed more than once with regard to the same investigation, the employee will be permitted to read his/her previous statement(s) before any subsequent interview. G. When an employee, who has received a final notice of such a meeting. Howeverdisciplinary action, unless otherwise agreedappeals the disciplinary action according to the procedure contained in Article 9 (Grievance and Arbitration Procedure), the meeting may employee, upon request, will be delayed for no provided with a copy of the investigatory file within five (5) working days after filing the grievance but excluding the identity of any confidential sources and recommendations as to charges, disposition or punishment. H. When more than one (1) working day from the date of notification to supervisor is involved in a counseling session at one time, the employee being counseled may request that a PCEA member of his/her choice be present and shall be granted a reasonable amount of time to produce that person. However, the counseling session will not be delayed beyond the end of the employee's shift because of the unavailability of the member selected to attend. In the event the selected member is unavailable within these guidelines, the counseling session will proceed, but the employee to be counseled may designate another PCEA member who is available to attend. I. The Employer will not initiate disciplinary action against an employee representative. 21.03 When an employee is later than ninety (90) calendar days after the occurrence (or after the Employer was aware of the occurrence) of the alleged infraction or violation of Departmental rules or regulations or of the Personnel Law. For the purpose of this Article, to be suspended initiate disciplinary action means to issue a written reprimand or discharged from duty, NAV CANADA shall to notify the employee in writing of the reasons for that suspension intent to take some other form of disciplinary action. These time limits shall apply to alleged infractions or dischargeviolations which affect only the Employer-employee relationship. In any subsequent procedures arising as a result They shall not apply to alleged violations or infractions which are also criminal violations nor to non-criminal violations which are related to an active criminal investigation. J. Within five (5) days of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with receiving a copy of any document or written statement related the Notice of Intent Proposed Disciplinary Action, the PCEA President and/or Grievance Chair shall have the right to inspect the investigatory file(s) underlying the Proposed Disciplinary Action, subject to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date written approval of the hearing. affected employee or employees. 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 No employee 23.01 The Employer recognizes the principle of corrective progressive discipline. However, the type of conduct may warrant administering discipline at a more advanced step in the process. 23.02 Coaches and other daily supervisory corrections are not disciplinary in nature and may not be grieved. The Employer will notify employees in writing of any coaching and other daily supervisory corrections and a copy of such notice will be placed in an employee‟s file for a period of six (6) months. 23.03 A progressive disciplinary procedure will be followed as outlined below: Stage I - Written Counsel Xxxxx 0 -Xxxxxxx Xxxxxxx Xxxxx 0 - Xxxxx/Xxxxxxx Counsel Stage 4 -Termination of Employment 23.04 Similar or like violations are considered together when determining the next disciplinary stage in the progressive discipline procedure except where the severity of the incident warrants an advanced disciplinary response, or where the past record of the individual, regardless of the nature of the conduct, warrants an advanced disciplinary response. Violations that are not similar shall be disciplined or discharged except for just causedealt with on an individual basis as defined in 23.03. 21.02 23.05 The Employer will provide advance notice to the Union of any meeting with an employee where the Employer is investigating an issue that may result in discipline for that employee. The Xxxxxxx will not inform the employee prior to the Employer unless authorized by the Employer to do so. Upon request by an employee, a Xxxxxxx shall be present at an investigation meeting that may result in discipline for that employee. It is understood that the Union will not impede the Employer‟s ability to ascertain the facts or schedule the investigation meeting. 23.06 When an employee is required called to attend a meeting, meeting by the purpose of which concerns possible disciplinary action against the employee, Employer where discipline or to discuss performance issues which may lead to disciplinary action or dischargedischarge will be imposed, the employee shall have a Xxxxxxx and/or a designated representative of the USW registered with the AGCO present. In the event of discipline, the interview will not proceed until a Xxxxxxx and/or a designated representative of the USW registered with the AGCO is present and this provision is mandatory. A copy of any recorded discipline will be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee provided to the meeting. employee. 23.07 Where practicablediscipline or discharge is sent to an absent employee by letter rather than in person, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall Union will be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employeeletter. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of 23.08 Where an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date maintains a record free from discipline for a period of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.twelve

Appears in 1 contract

Samples: Collective Agreement

Discipline. 21.01 No employee shall A. Employees covered by this Agreement may be disciplined or discharged except only for just cause. The parties agree that, in general, a progressive discipline policy shall be followed utilizing the disciplinary methods permitted by the Personnel Law, provided, however, that the parties also understand and agree that in some instances summary discipline, including discharge, may be warranted instead of progressive discipline. If the Employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee in front of other employees or the public. 21.02 B. If in any case the Employer believes that there is just cause to discharge, suspend or fine an employee, or cause the employee to forfeit accrued annual leave, the Employer shall provide notice in writing to both the employee and PCEA (both the President and the Grievance Committee Chairperson) of its intent to take disciplinary action at least ten (10) working days in advance of taking such action. One (1) copy of a notice of intent to take disciplinary action shall be hand- delivered to the employee's work station (if possible, hand-delivered to the employee), and another copy of the notice shall also be sent to the employee by certified mail return receipt requested at the employee's last known address shown on the employee's personnel record. The Employer shall make reasonable attempts to hand deliver the notice referred to herein to the employee before sending such notice by mail. The notice will be considered to have been served upon the employee as of the date of mailing. The employee shall have ten (10) working days to respond to the proposed notice of intent to take disciplinary action. When a notice of intent is served while an employee is on approved sick or annual leave or scheduled day off, the ten (10) day period the employee has to respond will begin to run when the employee returns to work. The Employer shall also provide the PCEA President a copy of any Final Notice of Disciplinary Action at the time it is issued to an employee. The copy to the PCEA President may be delivered via electronic mail. C. When an employee is to be disciplined in a manner which involves a discussion or some other event other than the delivery of the written notice of discipline, or is to be the subject of an investigatory interview or other meeting which may result in discipline, he/she shall be informed in writing at least five (5) working days prior to the start of the interview (1) of the name, rank or title, and command of the officer or supervisor in charge of the investigation, of the officer or supervisor conducting the interview and the nature of the investigation and (2) of his/her right to have present, upon request, a PCEA representative or other person of his/her choice. The scheduled interview date may be extended by mutual consent of the Employer and employee/PCEA representative. Any agreements to extend the scheduled interview shall automatically extend the ninety (90) daytime period set forth in Section I of this Article by the same number of days the interview was extended beyond the initial date. However, if an immediate interview is required to attend a meetingand the designated PCEA representative is unavailable, the purpose of which concerns possible disciplinary action against employee may select another PCEA representative who can be present during the employee, investigatory interview. D. The PCEA representative or to discuss performance issues which may lead to disciplinary action or discharge, other person selected by the employee shall be advised that he present at all times during the interview or she is entitled discussion unless waived by the employee. All questions directed to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of be asked by one (1) day’s interviewer. X. Xx investigatory interview shall take place at the office of the investigator conducting the investigation and shall be conducted during the employee's normal working hours unless otherwise agreed to by the employee. Employees shall be provided copies of all documents signed by the employee within twenty-four (24) hours of signing. X. Where an employee is interviewed more than once with regard to the same investigation, the employee will be permitted to read his/her previous statement(s) before any subsequent interview. G. When an employee, who has received a final notice of such a meeting. Howeverdisciplinary action, unless otherwise agreedappeals the disciplinary action according to the procedure contained in Article 9 (Grievance and Arbitration Procedure), the meeting may employee, upon request, will be delayed for no provided with a copy of the investigatory file within five (5) working days after filing the grievance but excluding the identity of any confidential sources and recommendations as to charges, disposition or punishment. H. When more than one (1) working day from the date of notification to supervisor is involved in a counseling session at one time, the employee being counseled may request that a PCEA member of his/her choice be present and shall be granted a reasonable amount of time to produce that person. However, the counseling session will not be delayed beyond the end of the employee's shift because of the unavailability of the member selected to attend. In the event the selected member is unavailable within these guidelines, the counseling session will proceed, but the employee to be counseled may designate another PCEA member who is available to attend. I. The Employer will not initiate disciplinary action against an employee representative. 21.03 When an employee is later than ninety (90) calendar days after the occurrence (or after the Employer was aware of the occurrence) of the alleged infraction or violation of Departmental rules or regulations or of the Personnel Law. For the purpose of this Article, to be suspended initiate disciplinary action means to issue a written reprimand or discharged from duty, NAV CANADA shall to notify the employee in writing of the reasons for that suspension intent to take some other form of disciplinary action. These time limits shall apply to alleged infractions or dischargeviolations which affect only the Employer-employee relationship. In any subsequent procedures arising as a result They shall not apply to alleged violations or infractions which are also criminal violations nor to non-criminal violations which are related to an active criminal investigation. J. Within five (5) days of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with receiving a copy of any document or written statement related the Notice of Intent Proposed Disciplinary Action, the PCEA President and/or Grievance Chair shall have the right to inspect the investigatory file(s) underlying the Proposed Disciplinary Action, subject to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date written approval of the hearing. affected employee or employees. 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 34.01 No employee Employee shall be disciplined by written reprimand, suspension without pay or discharged discharge except for just and sufficient cause; however, a Probationary Employee may be discharged if, after a fair and reasonable evaluation by the Employer in accordance with the provision of Article 25.07, he/she is found to be unsuitable. Termination of employment after a fair and reasonable evaluation during an Employee's probationary period shall not constitute "discipline" under this Agreement. 21.02 34.02 When an employee Employee is required to attend a meetingdisciplined, the purpose Employee shall be immediately provided with written confirmation. In addition, within five (5) days the Employer shall provide the reasons in writing for the action taken. A copy of which concerns possible disciplinary action against such notice shall be sent to the employeeUnion. 34.03 Where an Employee alleges one has been disciplined in violation of Article 34.01, or to discuss performance issues which the Employee may lead to disciplinary action within ten (10) days of receipt of written reasons invoke the Grievance Procedure. In the case of suspension or discharge, the employee Employee shall lodge the grievance at Step Two in the Grievance Procedure within ten (10) days of receipt of written reasons. If a satisfactory settlement is not reached, the Employee may proceed to arbitration as outlined in Article 36. 34.04 Where it is determined that an Employee has been disciplined in violation of Article 34.01, that Employee shall be advised that he reinstated immediately in the Employee's former position without loss of pay or she is entitled to any other benefit which would have at his or her option, an employee representative accompany the employee accrued to the meeting. Where practicableEmployee if the Employee had not been suspended or discharged. 34.05 Evidence used in cases of discipline will be disclosed to the Union upon request. 34.06 Any Employee subject to this article has the right to submit any information they believe to be relevant to the determination of discipline. 34.07 Upon the Employee’s request, the employee shall receive a minimum of one (1) day’s any notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on or any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to other document concerning disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less other than two (2) working days prior to the date of the hearing. . 21.05 Any document evaluation reports or written statement related to disciplinary action payroll transactions, which may have been placed on any NAV CANADA the Employee’s personnel file of an employee shall be removed and destroyed after two twenty-four (224) years has months have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Instructional Agreement

Discipline. 21.01 At any time, an Employee, categorized as probationary, may be released by the Department Head or the County Administration. Such notice of release will be formalized in and will give the reason for the Employee being released as soon as practicable following the release. Employees shall provide at least ten (10) working days written notice of their intention to resign. In the event that an Employee terminates his employment with the County without submitting the Written notice in compliance with Xxxxxx the Employee shall not be entitled to receive his regular cheque his final cheque until the next regular distribution of regular wage and salary cheques. An Employee who is absent from his employment and who has not informed the Employer, may five (5) consecutive days of such unauthorized absence, be considered to have abandoned his position and shall be deemed to have resigned. All Employees must comply with the approved and dress code as a condition of employment. Any member subject to any level of discipline may be represented by an attending Union representative. The County shall notify the Union in writing (48) hours in advance of any disciplinary meeting. No employee Employee shall be disciplined or discharged except for without just cause. 21.02 When an employee is required to attend a meeting, . In the purpose of which concerns possible event that the County initiates formal disciplinary action against an Employee, that Employee and the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee Union shall be advised that he or she is entitled to have informed at his or her option, an employee representative accompany the employee same time in writing as to the meetingfor such action. Where practicableThe correspondence to the Union shall be placed in the Union’s mailbox located at the Public Services Yard. An Employee who has been wrongfully disciplined, demoted, suspended or discharged and who is later reinstated shall be compensated in full for any loss of wages or benefits which resulted thereby. Past disciplinary infractions shall be deemed void and removed from the employee Employee’s file after (24) months from the date of the application of the discipline. Posting of Positions When a position of a Regular or Temporary nature is to be filled, notice of the vacancy shall receive be posted within five (5) working days, on all bulletin boards for a minimum of one (1) day’s notice of such a meetingweek. However, unless otherwise agreed, the meeting may The position can be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee filled by appointment if it is to be suspended filled for a period of less than (30) calendar days. Such notice will contain the following nature of position, qualifications, required knowledge and education, skills, shift, hours of work, experience, wage rate or discharged from dutyrange, NAV CANADA consistent with the job description. Where there are qualified Union candidates for a posted position, their applications shall notify be considered first. Where qualified applicants have applied and a suitable candidate has been selected, the employee in writing Employer shall appoint a candidate to the position within (30) days of the reasons for that suspension or dischargecompetition closure. In any subsequent procedures arising as a result Preference in the filling of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA positions shall be limited given to Employees of the County over all other persons, where the Employee has the required skills and ability to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date tasks of the hearing. position. 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 21.01 No employee 6.01 The Employer shall be disciplined or discharged except have the right to discipline Employees for just cause. Once the Employer has completed an investigation which results in discipline, the discipline meeting shall occur within seven (7) days of that date. In the case of the Employee not being available during the seven (7) day period, the parties agree to extend the seven (7) day timeline until the Employee is available. 21.02 When an employee 6.02 An Employee who has been given a written warning, suspension, disciplinary demotion or is required to attend a meeting, the purpose of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action or discharge, the employee discharged shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee informed in writing as to the meeting. Where practicable, the employee shall receive a minimum of one (1reason(s) day’s notice of for such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notificationaction. The employee shall Employee will be provided with a copy of any document all correspondence or written statement related notices pertaining to the action taken which are placed in their personnel file. A copy of any disciplinary action placed on any NAV CANADA file for this employeetaken after the probationary period has been completed that results in a suspension, demotion or termination will be sent to the Union and National Representative. 21.04 NAV CANADA agrees not 6.03 The Union recognizes that there are occasions when the actions or conduct of an Employee require the Employer to introduce as evidence in a hearing related to take immediate disciplinary action, up to and including discharge. 6.04 Nothing in this Article shall take away the Employee Procedure for any evidence concerning disciplinary action taken unless such right has been restricted elsewhere in this Agreement. 6.05 The Employer shall advise an Employee of their right to be represented by a Union Xxxxxxx, who shall act in the conduct capacity of an employee unless observer only, during any disciplinary action. No disciplinary action shall be considered null and void merely by the fact that employee an Employee did not exercise this right. Local 4655 has been provided with the evidence no less than two (2) working days prior right to the date of the hearing. appoint Union representation. 21.05 Any document or written statement related to 6.06 All Employees who have a disciplinary action which may have been record placed on any NAV CANADA their personnel file of an employee shall be will have the discipline record removed and destroyed after two twelve (212) years has elapsed months have passed since the disciplinary action record was taken, provided that issued and no further other subsequent disciplinary action record has been recorded during this periodissued. If all the above conditions are met, the said disciplinary record will be cleared. 6.07 The Employer shall inform be exempt from the employee application of Article 6.02 above in writing the event of the destruction dismissal of any document or written statement related a probationary Employee as defined in Article 9 - Probationary Period. 6.08 In the event CCTV recordings are used by Employer to support disciplinary action, the Employee and the Union shall be permitted to review the recording at the disciplinary meeting with the Employer. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

Appears in 1 contract

Samples: Collective Agreement

Discipline. 21.01 No Section 1. An employee shall may be disciplined or discharged except placed on disciplinary probation not to exceed ninety (90) calendar days. The disciplinary probation provided herein, may be given in conjunction with any other disciplinary action for just causethe incident which resulted in disciplinary probation. 21.02 When Section 2. Upon written request from an employee is required to attend a meetingemployee, the purpose of which concerns possible City shall remove from an employee's Personnel and employing department's files, any and all disciplinary action against the employeeactions, or to discuss performance issues which may lead to disciplinary action or dischargeexcept suspension and dismissal, the employee shall be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee to the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day year old. All documents and materials removed from the date employee’s personnel file will be maintained by the Human Resources Director in a separate confidential file. The information maintained in such a file shall not be used to evaluate disciplinary action or be considered for eligibility for promotions, special positions or training opportunities, but may be used for human resource purposes of notification responding to appropriate record requests, including but not limited to, requests for comparator information from the Nebraska Equal Opportunity Commission or similar agency. Any documents or materials removed from any employee’s personnel file, which are required to be maintained by the records retentions requirements established by the Nebraska Secretary of State, shall also be maintained in said Section 3. Upon being informed that an employee because has been accused of behavior which, if substantiated, would be cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the unavailability of an employee representative. 21.03 When an employee is accusation, provided that if after investigation the Department Head determines to be suspended or discharged from dutydismiss the employee, NAV CANADA they shall notify the employee in writing give written notice of the reasons dismissal and, if after investigation, the Department Head determines that the accusation cannot be substantiated or does not constitute cause for that suspension or discharge. In any subsequent procedures arising as a result of this disciplinedismissal, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of reinstated and awarded back pay for any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date portion of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to suspension time not imposed as disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will Section 4. At least three (3) business days (Monday-Friday) prior to any Section 5. If no disciplinary action is taken after an investigative suspension, the City shall remove all documentation related thereto from the employee=s personnel file. Section 6. An employee shall not be interpreted as restricting subject to disciplinary action in excess of a written reprimand on the basis of a citizen complaint about the employees conduct, unless the complaining citizen is willing to identify himself to the City and is willing to provide a written statement recounting the employees conduct. Section 7. Any disciplinary action must be initiated within six (6) months after the City becomes aware of the incident providing the basis for the disciplinary action. Section 8. In preparation for a pre-disciplinary meeting, an employee from exercising shall have the right to access his or her obligations flowing work computer and city email account to retrieve any information necessary to his or her defense. Section 9. When an employee has been disciplined or faces possible disciplinary action at a level greater than a reprimand, a designated Union officer or xxxxxxx shall be allowed to review such employee=s personnel file upon written request to the Human Resources Director (or his designated representative) and the provision of written authorization from the ethical standards of employee requesting the professional body to which the employee belongsfile review. 21.07 NAV CANADA agrees to make available to each Section 10. An employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected subject to multiple levels of discipline for the same act or offense arising from the same facts. Section 11. ADiscipline@ shall be defined as any action taken by the employer to correct or improve employee performance or behavior which results in any documentation placed in an employee=s files, including, but not limited to, oral warnings or counselings which are memorialized in writing, written warnings or counselings, reprimands, disciplinary probations, demotions, suspensions and terminations. It shall not be necessary to conduct a result pre-disciplinary meeting prior to the consideration or issuance of reporting discipline at any level less than reprimand, disciplinary probation, demotion, suspension or termination. Section 12. Disciplinary actions of disciplinary probation, demotion, suspension or termination may be appealed to step 2 of the violationgrievance procedure. Section 13. Disciplinary actions of a reprimand may be appealed to the Human Resources Director.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 No 34.01 The Employer shall not discipline nor dismiss any employee shall be disciplined or discharged who has completed their probationary period except for just cause. 21.02 When an employee is required 34.02 All employees shall be entitled prior to attend a meeting, the purpose imposition of which concerns possible disciplinary action against the employee, or to discuss performance issues which may lead to disciplinary action any form of discipline or discharge, to be notified at a meeting with management of the reasons for considering such action. Unless the employee indicates otherwise in the presence of their full-time Union Representative or their designate and/or Shop Xxxxxxx, said employee shall be advised that he or she is entitled accompanied by their full-time Union Representative and Shop Xxxxxxx during said meeting. The date, time and location of this meeting shall be arranged for by mutual agreement between the Employer and the Union. Employees being brought in for a meeting of non-disciplinary nature shall also be given the opportunity to have at his a Shop Xxxxxxx or her optionUnion Representative present for such meeting. 34.03 The affected employee, the Shop Stewards and the Union shall be given a copy of any discipline/discharge which is to be entered on the employee's personnel file. The notice of discipline or discharge shall be given to the affected employee and Shop Stewards immediately and a copy of the discipline or discharge notice shall be mailed to the Union office within five (5) calendar days of the event. Clarifying The Issue Statements will not be used in the formulation of disciplinary or discharge action. In the event of a Clarifying The Issue Statement being presented to an employee representative accompany by a person above the employee to the meeting. Where practicablerank of Coordinator, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no or by more than one (1) working day person, the employee shall be accompanied by a Shop Xxxxxxx unless the employee indicates otherwise to the Shop Xxxxxxx. 34.04 The Employer shall remove all written disciplinary notices from the employee's personnel file after eighteen (18) calendar months from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employee. 21.04 NAV CANADA agrees not to introduce as evidence in a hearing related to disciplinary action, any evidence concerning the conduct of an employee unless that employee has been provided with the evidence no less than two (2) working days prior to the date of the hearing. . 21.05 Any document or written statement related to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed and destroyed after two (2) years has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this periodlatest infraction. The Employer shall inform not be able to use any such disciplinary notice against the employee in writing at a later date. This time frame of the destruction of any document or written statement related to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities eighteen (18) calendar months shall not include periods of layoff, or periods of leaves of absence without pay. In the event of disciplinary action arising from any harassment, abuse of a home-member/participant, or any other disciplinary action resulting in a suspension of more than three (3) days, the above time limits will be disciplined nor adversely affected as a result of reporting the violation.extended to thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline. 21.01 No employee 23.01 The Employer recognizes the principle of corrective progressive discipline. However, the type of conduct may warrant administering discipline at a more advanced step in the process. 23.02 Coaches and other daily supervisory corrections are not disciplinary in nature and may not be grieved. The Employer will notify employees in writing of any coaching and other daily supervisory corrections and a copy of such notice will be placed in an employee’s file for a period of six (6) months. 23.03 A progressive disciplinary procedure will be followed as outlined below: Xxxxx 0 - Xxxxxxx Xxxxxxx Xxxxx 0 -Xxxxxxx Counsel Stage 3 - Final/Written Counsel Stage 4 -Termination of Employment 23.04 Similar or like violations are considered together when determining the next disciplinary stage in the progressive discipline procedure except where the severity of the incident warrants an advanced disciplinary response, or where the past record of the individual, regardless of the nature of the conduct, warrants an advanced disciplinary response. Violations that are not similar shall be disciplined or discharged except for just causedealt with on an individual basis as defined in 23.03. 21.02 23.05 The Employer will provide advance notice to the Union of any meeting with an employee where the Employer is investigating an issue that may result in discipline for that employee. The Xxxxxxx will not inform the employee prior to the Employer unless authorized by the Employer to do so. Upon request by an employee, a Xxxxxxx shall be present at an investigation meeting that may result in discipline for that employee. It is understood that the Union will not impede the Employer’s ability to ascertain the facts or schedule the investigation meeting. 23.06 When an employee is required called to attend a meeting, meeting by the purpose of which concerns possible disciplinary action against the employee, Employer where discipline or to discuss performance issues which may lead to disciplinary action or dischargedischarge will be imposed, the employee shall have a Xxxxxxx and/or a designated representative of the USW registered with the AGCO present. In the event of discipline, the interview will not proceed until a Xxxxxxx and/or a designated representative of the USW registered with the AGCO is present and this provision is mandatory. A copy of any recorded discipline will be advised that he or she is entitled to have at his or her option, an employee representative accompany the employee provided to the meeting. employee. 23.07 Where practicablediscipline or discharge is sent to an absent employee by letter rather than in person, the employee shall receive a minimum of one (1) day’s notice of such a meeting. However, unless otherwise agreed, the meeting may be delayed for no more than one (1) working day from the date of notification to the employee because of the unavailability of an employee representative. 21.03 When an employee is to be suspended or discharged from duty, NAV CANADA shall notify the employee in writing of the reasons for that suspension or discharge. In any subsequent procedures arising as a result of this discipline, including any subsequent grievance or arbitration procedures, NAV CANADA shall be limited to the grounds for suspension or dismissal contained in this notification. The employee shall Union will be provided with a copy of any document or written statement related to the disciplinary action placed on any NAV CANADA file for this employeeletter. 21.04 NAV CANADA agrees 23.08 Where an employee maintains a record free from discipline for a period of twelve (12) months, all records of discipline (save and except for serious misconduct) will not to introduce as evidence be relied upon in future discipline. Upon request by an employee, this stale-dated discipline will be removed from the employee’s file after forty-eight (48) months (save and except for serious misconduct). (a) Serious misconduct includes but is not limited to: (i) A breach of the Ontario Human Rights Code (ii) Health and safety infractions threatening health (iii) Violence, swearing or threats of violence directed at a customer, co-worker or supervisor or other insubordination. 23.09 It is agreed that discipline should be issued in a hearing related timely manner. In most circumstances discipline is to disciplinary action, any evidence concerning be given within the conduct of an first five (5) shifts the employee unless that employee has been provided with the evidence no less than two (2) working days prior to works following the date of the hearingincident or the date the Employer became aware of the incident, unless the incident is being investigated. . 21.05 Any document or written statement related Where there is a basis for the request to disciplinary action which may have been placed on any NAV CANADA file of an employee shall be removed extend time limits and destroyed after two (2) years has elapsed since where the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee request is made in writing (including via electronic mail) in advance of the destruction expiry of any document or written statement related the time limits, consent to disciplinary action. 21.06 The NAV CANADA Code of Business Conduct a brief extension will not be interpreted as restricting an employee from exercising his unreasonably withheld. 23.10 Where a dismissal is for theft, attempted theft, embezzlement or her obligations flowing from any other fraudulent actions (whether involving the ethical standards Employer, coworkers or customers or outside of the professional body workplace), the Employer must establish that the employee committed the offence and will do so on the basis of clear and cogent evidence. If it is established to an Arbitrator’s satisfaction that the employee committed the offence then the dismissal shall be deemed to be for just cause and the arbitration board shall have no power to alter or substitute the penalty. In discussions with the Union, the Employer may impose a disciplinary penalty short of discharge for an offence listed above, in light of the specific circumstances of the case and such penalty shall also not be subject to an Arbitrator’s discretion. The imposition of such a penalty in one case shall not operate as a limit to management’s discretion to impose the penalty of discharge in another case. 23.11 In the case of an investigative suspension, the Employer will have the right to suspend the employee, with pay. Such a suspension is not disciplinary. A Xxxxxxx will be notified of all investigative suspensions at the time of issuance. Notwithstanding the foregoing, if such suspension is the result of action involving a regulatory or law enforcement agency which results in an investigation of more than seven (7) days, such longer period shall be without pay. 23.12 In circumstances where a dismissal (or other discipline as may be agreed upon) is being grieved, the Employer will permit the affected employee to review at a Step 2 meeting, any audio or video recording which the Employer intends to rely upon as evidence. This will be subject to any AGCO approvals or requirements as to the procedure to be followed for such a review. A Xxxxxxx and/or a designated representative of the USW registered with the AGCO present will be able to review the surveillance report and meet with the employee belongsusing the report as a reference. The report will be returned following the meeting. 21.07 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.08 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not 23.13 Attendance management discipline will be disciplined nor adversely affected treated as a result separate stream of reporting discipline for the violationpurposes of this article except where the employee’s disciplinary record cumulatively is such that the attendance discipline is a culminating incident.

Appears in 1 contract

Samples: Collective Agreement

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